JITENDRA KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Patanjali Rishi, learned advocate for the petitioner, Mr. Uday Chand Prasad, learned Additional Public Prosecutor for the State and Mr. Ram Binay Prasad Singh, learned advocate for the father of the deceased.

(2.) This application under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C') has been filed by the petitioner for quashing the order dated 09.04.2015 passed by the learned Chief Judicial Magistrate, Jamui in Sessions Trial No. 280 of 2016 arising out of Jamui P.S. Case No. 154 of 2013 dated 01.07.2013 registered for the offence punishable under Section 302 read with 34 of the Indian Penal Code. The petitioner has further prayed for quashing the entire subsequent prosecution of the petitioner in connection with the aforestated case pending in the court of Additional District & Sessions Judge-I, Jamui on the ground of cognizance being barred under Section 197 of the Cr.P.C for want of sanction for prosecution.

(3.) Earlier, vide order dated 28.03.2019, a Bench of this Court [Coram : Honourable Mr. Justice Aditya Kumar Trivedi] had dismissed the application of the petitioner on merits.